After months of intense, and at times acrimonious, negotiations among the Democratic caucus, the United States Senate on August 7, 2022, passed the Inflation Reduction Act (IRA). The IRA includes a host of programs aimed at...more
On May 5, 2022, Attorney General Merrick Garland announced key developments that would elevate environmental justice (EJ) as a key priority for the nation’s largest and most powerful enforcement agency. These historic...more
On April 20, 2022, the White House Council on Environmental Quality (CEQ) published a final rule rolling back minor regulatory changes to the National Environmental Policy Act (NEPA) review process that it had promulgated in...more
The U.S. Army Corps of Engineers (Corps) recently published notice that it is initiating a formal review of Nationwide Permit (NWP) 12 a little over a year after its latest iteration took effect. NWP 12, which serves as a...more
Project development east of the Rocky Mountains may be about to become exponentially more difficult in light of a new proposal under the Endangered Species Act (ESA). On March 23, 2022, the U.S. Fish & Wildlife Service (FWS)...more
On January 24, 2022, the U.S. Supreme Court (SCOTUS) granted review of Sackett v. EPA, apparently with the sole purpose of deciding once and for all “the proper test for determining whether wetlands are ‘waters of the United...more
On October 27, 2021, the Biden administration proposed two new rules to roll back its predecessor’s regulatory clarifications involving habitat under the Endangered Species Act (ESA). Under the first proposal, the United...more
After a brief hiatus, incidental take of migratory birds will again be a federal crime beginning December 3, 2021. Less than 10 months after instituting a final rule declaring that incidental take of birds is not subject to...more
In a recent decision, a federal judge in Arizona vacated the Trump Administration’s Navigable Waters Protection Rule (NWPR) and remanded the rulemaking back to U.S. Environmental Protection Agency and the U.S. Army Corps of...more
On August 3, 2021, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) rejected the Federal Energy Regulatory Commission’s (FERC) environmental analysis of a group of Liquified Natural Gas (LNG)...more
Over the past week, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers announced plans to undo the Trump administration’s Navigable Waters Protection Rule, and take the Biden administration’s next...more
The Pacific Fishery Management Council (Council) submitted a proposed amendment – Amendment 21 – to the Pacific Coast Salmon Fishery Management Plan (FMP) to the National Marine Fisheries Service (NMFS) for review and...more
In an anticipated move, the U.S. Fish & Wildlife Service and National Marine Fisheries Service (the “Services”) have announced plans to again overhaul Endangered Species Act (ESA) regulations. In this latest example of “to...more
In a proposed rule published May 7, 2021, the Biden Administration seeks to withdraw the Trump Administration’s Migratory Bird Treaty Act (MBTA) liability rule. The MBTA liability rule was published as a final rule on January...more
On March 22, 2021, the Federal Energy Regulatory Commission issued an order setting forth new standards it will use to evaluate the greenhouse gas (GHG) emissions associated with natural gas pipeline projects. The order,...more
The Biden Administration is moving quickly to undo the Trump Administration’s Migratory Bird Treaty Act (MBTA) liability rule. Published as a final rule on January 7, 2021, this rule for the first time supplied a uniform...more
On February 11, 2021, the Ninth Circuit upheld the district court’s decision vacating Nationwide Permit (NWP) 48, Commercial Shellfish Mariculture Activities, in Washington State. As previously discussed, industry appealed...more
It’s no secret that President Biden plans to prioritize action on climate change. During his presidential campaign, Biden identified climate change as one of his top four priorities, and announced he would seek to put the...more
In a long-unfolding saga, on January 7, 2021, the U.S. Fish and Wildlife Service (FWS) published its final rule that will at long last establish a clear regulatory definition of the scope of liability under the Migratory Bird...more
In the wake of the Fifth Circuit’s August 2, 2020 decision holding that the National Marine Fisheries Service (NMFS) lacked authority to regulate aquaculture in the Gulf of Mexico, the “Advancing the Quality and Understanding...more
On September 14, 2020, the Council on Environmental Quality (CEQ) issued nonbinding guidance to agencies to help them comply with the National Environmental Policy Act (NEPA) during emergencies. The guidance comes less than...more
If Joe Biden is elected President, and the Democrats win control of both the House and Senate, the new Administration could potentially use the Congressional Review Act (“CRA” or “Act”) to reverse recent and still-to-come...more
The Trump Administration’s efforts to clarify the scope of liability under the Migratory Bird Treaty Act (MBTA) suffered a setback when the U.S. District Court for the Southern District of New York concluded that the statute...more
On August 3, 2020, the Fifth Circuit in a 2-1 split decision held that the National Marine Fisheries Service (NMFS) cannot regulate aquaculture in the Gulf of Mexico under the Magnuson-Stevens Fishery Conservation and...more
Under the Endangered Species Act (ESA), there are a number of key terms that shape the scope of species protection. These key terms, usually defined in the Act itself or through agency regulation, include terms such as...more